Treaty of Hard Labor
Saunders, William Laurence.The Colonial Records of North Carolina, vol. VII, Raleigh: P.M. Hale, State Printer; 1886-90. 851-855.
Created subsequent to the Treaty of Fort Stanwix, clarifying the newly agreed to boundary line required additional treating with the Cherokee in the south. The meeting took place at Hard Labor, South Carolina where the participants recognized the cession of certain lands of the Cherokee to the colonies of South Carolina, North Carolina, and Virginia. According to the terms, the king's "white subjects" would be bound by the agreement not to move into the lands designated as belonging to the Cherokee, and the Cherokee were similarly constrained from settling on land acknowledged as belonging to the English colonies. This document described in detail the boundary and also recognized arrangements constructed in earlier agreements, specifically the Treaty of Augusta [Georgia] of 1763. Encroachments by settlers and retaliatory acts of violence conducted by Indians inflamed the frontier and necessitated further boundary negotiations.
October 14, 1768
At a Congress of the Principal Chiefs and Warriers of the Cherokee Nation of Indians, Held at hard labour, in the Province of South Carolina the fourteenth day of October in the Year of our Lord one thousand seven hundred and sixty eight, by John Steward Esquire his Majesty's Agent for and Superintendant of the affairs of the Indian Nations in the Southern district of North Carolina.
A Treaty for the Ratification and Confirmation of several Cessions to his Most Sacred Majesty George the third, by the Grace of God of Great Britain, France and Ireland, King defender of the Faith and so forth, made at different times by the said Nation of Cherokee Indians, of certain Lands lying within the limits of the provinces of South Carolina, North Carolina and Virginia, and for the continuance and preservation of Peace between his Majesty and the said Cherokee Indians.
It having been found necessary for the preservation of the peace and Tranquility of his Majesty's provinces in the Southern district of North America, to ascertain a Boundary Line dividing the Lands ceded to His Majesty, within the limits of said provinces, by the Indian Nations, in the said district from the lands reserved by the said Nations of Indians, for their own Use and as hunting Grounds and to prevent as much as possible, Disputes between the white Inhabitants of the respective provinces, and the different Indian Tribes, on account of encroachments on the Lands reserved by said Tribes and Whereas for the purpose and Intent above receited, various Treaties and Agreements, have been entered into by John Stuart Esquire His Majesty's Agent for and Superintendant of Indians Affairs in the Southern District, and the Governors of the respective provinces, within the said District, with the different Tribes of Indians therein, by which, Cessions of Lands have been made, by said Tribes to his Majesty within the limits of the respective provinces, and boundary lines, dividing the lands reserved by the Indians, from those ceded as aforesaid have been determined and fixed with the Approbation and conxent of the Governors and Councils of the respective provinces, and Whereas said Treaties and Agreements have been submitted to his Majesty who has been graciously pleased to approve of them, and order that the boundary line behind said provinces as reported upon and marked by the Right Honorable Lords Commissioners for Trade and plantations, the seventh day of March, in the Year of our Lord, one thousand seven hundred and sixty eight, be as soon as possible Ratifyed and confirmed, by His Royal Authority, and that John Stuart Esquire his Majesty's Agent for and Superintendant of the said Indian Tribes, should as speedily as possible enter into Treaties with the said Indians for the above purpose.
And Whereas the Nation of Cherokee Indians, did by their Deputies, on the tenth day of January in the Year of our Lord one thousand seven hundred and sixty six, at Fort Prince George cede to his Majesty and his Heirs forever, all the lands formerly claimed by and belonging to said Indians, lying within the province of South Carolina, to the Eastward of a certain line, marked by their said Deputies, in conjunction with Alexander Cameron Esquire Deputy Superintendant and Edward Wilkinson Esquire Commissioner for the province of South Carolina, beginning at a place called Towatuhe on the Northern Bank of Savanna River, and thence running in a North, Fifty degrees East course to Dewisses corner, and thence in the same course to Waughoe, or Elm tree on the South side of Reedy River.
And Whereas the said Nation of Indians did by their Deputies, on the thirteenth day of June in the Year of our Lord one thousand seven hundred and sixty seven, likewise Cede to His Majesty and his Heirs forever, all the lands formerly belonging to and claimed by said Indians, lying within the province of North Carolina, to the Eastward of a certain line marked by their said Deputies in Conjunction with Alexander Cameron Esquire Deputy Superintendant, and John Rutherford, Robert Palmer, and John Frohock Esquires Commissioners for the province of North Carolina, beginning at Waughoe or Elm Tree on the South side of Reedy River, standing on the South side of said river, where the South Carolina line terminates, and running thence a North course about Fifty Miles to the Mountains, to a Spanish Oak, marked with the Initial letters of the Commissioners Names and several other trees with the Names and marks of Juds Friend, Saliey Eeuy and other Deputies from the Cherokee Nation, standing on the top of a Mountain, now called Tryon Mountain near the sources of White Oak and Packalato Creeks, the former discharging its Waters into Green River Maps: Aaron Arrowsmith (1811) Aaron Arrowsmith (1802) , and the latter into Broad River Maps: Thomas Hutchins (1778) , and the Mountains being found Impervious and it being therefore deemed by the said Indian Chiefs, Deputy Superintendant, and Commissioners, impracticable to continue to mark the said line, it was agreed upon by the Parties that the line dividing the lands ceded to His Majesty, in North Carolina, from those reserved by the Cherokee Indians, for their Hunting Grounds, should be continued as follows, Viz, From the top of Tyron Mountain beginning at the marked Trees thereon in a straight line to Colo. Chiswell's Mine, on the Eastern Bank of the great Conhoway River Maps: Thomas Hutchins (1778) Lewis Evans (1755) in Virginia being a North and B. E. course,
And Whereas in several Talks and Messages from the great Council of the Cherokee Nation assembled at Chote to John Stuart Esquire His Majesty's Superintendant, the said Indians declared their Determination of ceding to His Majesty and His Heirs forever, all the lands formerly claimed by and belonging to said Nation of Indians, lying within the province of Virginia, to the Eastward of the line already described, as far as Chiswell's Mine as well to the Eastward of a line to be marked by Deputies from said Nation of Cherokees, in Conjunction with the Superintendant of the Southern District or His Deputy and certain Commissioners to be appointed by the aforesaid province of Virginia, running in a straight line from Chiswell's Mine on the great Conhoway aforesaid to the confluence of said River with the New River Maps: Joshua Fry-Peter Jefferson (1751) John Mitchell (1755) Thomas Hutchins (1778) Lewis Evans (1755) , where the Boundary Line behind the Northern District terminates.
ARTICLE 1st. Pursuant Therefore to His Majesties orders to, and power and authority vested in John Stuart Esquire His Majesty's Agent for and Superintendant of the Affairs of the Indian Tribes in the Southern District of North Carolina, It is agreed upon by the said John Stuart Esquire on behalf of His Most Sacred Majesty George the Third by the Grace of God of Great Britain, France, and Ireland King, defender of the Faith and so forth, and by the subscribing Cherokee Chiefs and Warriors on behalf of their said Nation, in consideration of His Majesty's generosity and paternal Goodness, so often Demonstrated to them the said Cherokee Indians, That the above recited Treaties and Agreements be Ratified and Confirmed, and they are Hereby Ratified and Confirmed accordingly, and it is by these presents firmly Stipulated and Agreed upon by the parties aforesaid, that the above recited line, beginning at a place called Towatuhe, on the northern bank of Savanna River and Running a North fifty degrees East course to a place called Dewisses corner, or the Yellow Water, and thence in the same course to Waughoe or Elm Tree on the South side of Reedy River; and from the said Waughoe or Elm Tree in a North Course to a Spanish Oak marked with the Initial letters of the Names of the North Carolina Commissioners above recited, and several other Trees with the Names and marks of Juds Friend, Saliey, Ecuy, and other Deputies of the Cherokee Nation, standing on the top of a Mountain, now called Tyon Mountain, where the Ridge of Mountains becomes Impervious, and from the top of Tyon Mountain, at the marked Trees aforesaid, in a straight line about a N by E Course to Colo. Chiswell's Mine on the Eastern bank of the great Conhoway Maps: Thomas Hutchins (1778) Lewis Evans (1755) , and from thence in a straight line to the Mouth of the great Conhoway Maps: Thomas Hutchins (1778) Lewis Evans (1755) , where it discharges itself into the Ohio River Maps: Joshua Fry-Peter Jefferson (1751) John Mitchell (1755) Antoine-Simon Le Page du Pratz (1763) Thomas Hutchins (1778) Lewis Evans (1755) , shall remain and be deemed by all His Majesty's Subjects, as well as by the Indians of the Cherokee Nation, the true Limits and Boundaries of the Lands reserved by said nation of Indians for their own proper Use, and Dividing the same from the lands Ceded by them to His Majesty within the provinces of South Carolina, North Carolina, and Virginia, and that His Majesty's white Subjects inhabiting said provinces, shall not upon any pretence whatsoever Settle beyond the said line, nor shall the said Indians of the Cherokee Nation Encroach or make Settlements on the lands which they have ceded, and by this Treaty confirm to His Majesty.
ARTICLE IInd. And it is further agreed upon and stipulated by the Contracting Parties, that no alteration whatsoever shall henceforward be made in the Boundary lines, above recited, and now solemnly agreed upon, Ratified and Confirmed as aforesaid, except such as may hereafter be found Expedient and Necessary for the mutual Interests of both parties, and which Alteration shall be made with the full Consent of the Superintendant, or such other Person or Persons as shall be Authorized by His Majesty, as well as with the Consent and Approbation of the Cherokee Nation of Indians, at a Congress or general Meeting of Indians to be held for said purpose, and not in any other Manner.
ARTICLE III. And it is further Stipulated and Agreed by the Contracting parties, that the Second and Third Articles of the Treaty for the preservation of peace and Friendship between His Majesty and the above Nation of Indians, concluded at Augusta in the province of Georgia, on the tenth day of November in the Year of our Lord One thousand Seven hundred and sixty three, by the Superintendant in Conjunction with the Governors of the respective provinces in the Southern District, and the principal Chiefs and Warriors as well of the said Nation as of the Creek, Chactaw, Chickesaw and Catawba Nations, are hereby Ratified and Confirmed, and shall forever be Observed by the said Parties. In Testimony Whereof the said Superintendant on behalf of His Majesty, and the underwritten Cherokee Chiefs on behalf of their Nation, have signed and Sealed this present Treaty at the Time and Place aforesaid.
JOHN STUART [L.S.] Superintendant of and Agent for Indian Affairs, Southern District. OUCCONNASTOTAH His Mark X COTCHATOY His Mark X WILLINAWAW His Mark X CHINISTOE His Mark X USTENECA His Mark X RAVEN OF TUGALOO His Mark X TIFTOE His Mark X MANKILLER OF CHOTE His Mark X ECUY His Mark X OTACITE OF QUARATRIE His Mark X SALIEY His Mark X RAVEN OF NEWCASSIE His Mark X WARRIOR OF COWIE His Mark X TUCKASSIE KEOWEE His Mark X THE WOLF OF KEOWEE His Mark X CONANENNAH His Mark X By order of the Superintendant. WILLIAM OGILVY Secretary I certify the above to be a true copy ............ JOHN STUART.